If you have lost a loved one due to someone else’s negligence in Virginia, understanding your legal rights is a critical first step toward justice. This guide covers Virginia’s wrongful death laws, profiles three law firms that handle these cases, and answers the most important questions families face.
Introduction
Losing a family member due to another party’s negligence is devastating. Virginia’s wrongful death framework has no damages cap for general negligence claims such as car accidents or premises liability. However, if the death resulted from medical malpractice, Virginia imposes a hard total cap on all recoverable damages – economic and non-economic combined – under Virginia Code § 8.01-581.15. Virginia also applies a strict pure contributory negligence rule, which means any fault attributed to the deceased bars the family from recovering damages entirely.
Virginia Wrongful Death Laws
The Virginia Wrongful Death Statute
Virginia’s wrongful death law is governed by Virginia Code § 8.01-50. The statute requires the Personal Representative of the deceased’s estate to file the claim.
Who Can File
The Personal Representative of the deceased’s estate must file.
Statute of Limitations
Virginia imposes a 2-year statute of limitations, measured from the date of death.
Recoverable Damages and Caps
For general wrongful death claims – car accidents, trucking crashes, premises liability, and other non-medical negligence – Virginia imposes no cap on damages. Courts may award any amount a jury finds fair and just.
For medical malpractice wrongful death claims, Virginia imposes a hard total cap on all damages combined – economic, non-economic, and punitive – under Virginia Code § 8.01-581.15. The applicable cap is determined by the date of the malpractice (not the date of death), and runs on a fiscal year basis (July 1 through June 30):
- Malpractice occurring July 1, 2024 through June 30, 2025: Total cap of $2.65 million
- Malpractice occurring July 1, 2025 through June 30, 2026: Total cap of $2.70 million
- Malpractice occurring July 1, 2026 through June 30, 2027: Total cap of $2.75 million
The cap increases by $50,000 each fiscal year until reaching $3 million for malpractice occurring on or after July 1, 2031.
Pure Contributory Negligence
Virginia applies a pure contributory negligence rule. If the deceased bore any share of fault for the incident – even 1% – the family is completely barred from recovering damages in a wrongful death claim. This is one of the strictest standards in the country and makes the circumstances surrounding the death critically important to the viability of the claim.
Survival Action
Virginia maintains a separate survival action alongside the wrongful death claim.
Top 3 Wrongful Death Attorneys in Virginia
1. Allen & Allen
Location: Richmond, Charlottesville, Roanoke, VA (Statewide)
Phone: (804) 353-1200
Website: https://allenandallen.com
A multigenerational Virginia institution with over 110 years of history and one of the state’s most powerful wrongful death practices. They handle both uncapped general wrongful death claims and the more complex medical malpractice claims subject to the statutory ceiling. Their meticulous preparation – deploying top economic and medical experts – maximizes recovery in either framework.
2. Coplan & Crane, Ltd.
Location: Richmond, Fredericksburg, VA
Phone: (804) 747-8830
Website: https://coplanandcrane.com
Highly specialized in medical malpractice and catastrophic fatal injuries. In medical malpractice cases, where all damages count against the same statutory ceiling, they are experts at strategic damage prioritization: presenting the strongest mix of provable economic losses, loss of companionship, and survival action damages to maximize total recovery up to the applicable cap.
3. Marks & Harrison
Location: Richmond, VA (12 offices across Virginia)
Phone: (804) 358-7100
Website: https://marksandharrison.com
One of the largest and most geographically distributed injury firms in Virginia. Their statewide network ensures rapid response and deep local court knowledge. They handle both uncapped general negligence wrongful death claims and capped medical malpractice wrongful death cases, and are skilled at navigating Virginia’s pure contributory negligence defense to preserve the family’s right to recovery.
Frequently Asked Questions
Does Virginia cap all wrongful death damages?
No. Virginia’s damages cap applies only to wrongful death claims arising from medical malpractice, under Virginia Code § 8.01-581.15. General wrongful death claims – such as those arising from car accidents, trucking crashes, or premises liability – are not subject to any statutory cap. This is an important distinction that fundamentally changes the litigation strategy depending on the cause of death.
How does Virginia’s medical malpractice cap work?
In medical malpractice wrongful death cases, all recoverable damages are combined under a single ceiling – economic damages, non-economic damages, and punitive damages all count against the same total. The applicable cap is determined by the date the malpractice occurred, on a fiscal year basis (July 1 through June 30). For malpractice occurring between July 1, 2024 and June 30, 2025, the cap is $2.65 million. The cap increases by $50,000 each fiscal year until reaching $3 million in 2031.
What is Virginia’s contributory negligence rule?
Virginia applies a pure contributory negligence standard. If the defendant can show that the deceased was even partially at fault for the incident that caused their death, the family is entirely barred from recovery. This makes the factual circumstances of the incident extremely important, and it is a common defense strategy by insurance companies and defendants.
What should I do immediately after losing a loved one due to negligence?
Contact a wrongful death attorney as soon as possible. The 2-year deadline runs from the date of death. Preserve all evidence and do not speak with insurance companies before consulting an attorney.
Closing
Virginia’s wrongful death framework creates two very different litigation landscapes depending on cause of death: uncapped recovery for general negligence, and a hard statutory ceiling for medical malpractice. The pure contributory negligence rule adds a third layer of complexity that requires immediate and careful legal assessment. The firms listed above are Virginia specialists with the expertise to navigate both frameworks. If you have lost a loved one due to another party’s negligence, contact one of these attorneys today.
For immediate grief support, contact the National Alliance for Grieving Children at (866) 432-1542.